Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IX - Project Warranties
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation Subcontractors or otherwise, the obligations affirmatively undertaken by such party under this Design-Build Contract.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation condition could not have been reasonably anticipated based upon the information disclosed to the Company in the Site Related Documents or information otherwise disclosed to the Company as of the Contract Date.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation Change of Conditions Risks), specifications or Design Requirements included in the RFP or otherwise made available during the procurement process.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Design-Build Contract; and (3) negotiate such changes in substitution for or addition to the remaining provisions of this Design-Build Contract as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Design-Build Contract shall be construed and enforced as if such invalid portion did not exist.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period Plan shall include 1) an interim operations plan describing how the CTP will be operated during the transition period and Acceptance Testing; and 2) a final operations plan describing how the CTP is to be operated following Acceptance of the Project. The interim operations plan shall be part of the Transition Plan required under Schedule 11. The final operations plan shall be included in the O&M Manual.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period comment upon material documentation submitted to and issued by the Company and the Governmental Body in connection therewith in accordance with Schedule 3.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period approval of the Facilities Plan Amendment (if the conditions in paragraph (D) are met), by the Scheduled Construction Commencement Date will have the effect of waiving the Company’s right to escalation of the Fixed Design-Build Price and, potentially, shortening the guaranteed construction schedule as set forth in subsection 5.2(C). In the event the Company fails to obtain any Governmental Approval set forth in subsection 4.1(A)(2) and Schedule 3 other than the approval of the Facilities Plan Amendment (if items (i) - (iii) of paragraph (D) below are met) prior to the 120th day following the Scheduled Construction Commencement Date, such an occurrence shall constitute an Event of Default.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period maximum reimbursement limitation of subsection 4.4(B) hereof, for 100% of its Reimbursable Expenses. The Company shall not be further obligated during the suspension to seek to fulfill the Commencement Date Conditions. The City may in its sole discretion at any time thereafter, upon written notice to the Company, reinstate the obligations of the Company to fulfill the Commencement Date Conditions, and thereupon an amount equal to all Reimbursable Expenses (but not any amounts paid as part of the Fixed Development Price) previously reimbursed to the Company shall be deducted from the Fixed Design-Build Price and the obligations of the Company as to the Commencement Date Conditions shall resume (subject to an adjustment to the Scheduled Construction Commencement Date corresponding to the duration of the suspension). If the City does not reinstate the obligation of the Company to seek to fulfill the Commencement Date Conditions within 180 days following the suspension (or such longer period agreed upon by the parties), the Company may at any time thereafter terminate this Design-Build Contract upon written notice to the City.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article VII - Acceptance of the Project operate and maintain such equipment or system, and (iii) in the event the final Operation and Maintenance Manual has not been delivered to the City, provide a detailed operation and maintenance protocol to the City with respect to such equipment or system. Following satisfaction of the preceding conditions and prior to Acceptance, the City, at its costs, will operate and maintain such equipment and systems in close consultation with Company personnel and in accordance with the Operation and Maintenance Manual or protocols provided by the Company. The Company will be responsible, at its cost, for performing all repairs and replacements and other non-routine maintenance on Company-installed malfunctioning equipment, systems and improvements which may be necessary prior to Acceptance. Prior to commencing the Acceptance Tests, the Company shall inspect all equipment and systems which constitute the Design Build Improvements, including those which have been previously integrated into the CTP and operated by the City, to ensure that all such improvements are ready for Acceptance Testing. The Company shall certify to the City, in accordance with Section 7.2, that all such improvements have been designed and constructed in accordance with this Agreement and that all such improvements in their then existing condition are ready to undergo the Acceptance Tests. In the event the Company believes any such improvements have not been operated and maintained in accordance with the operation and maintenance protocols or the consultations provided by the Company, and that equipment or systems operated by the City are not ready to be Acceptance Tested as a result thereof, the Company shall give prompt written notice of such circumstance to the City. If the City disagrees with such assertion, such dispute shall be resolved in accordance with Article XII hereof. In the absence of any such notice from the Company, the Company will be deemed to have accepted the risk of the condition of such improvements.
